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23 March 2015

Property sale prices could be affected by presence of invasive plants

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    • Residential Property
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23 March 2015

Property sale prices could be affected by presence of invasive plants

The presence of Japanese Knotweed is a growing problem for sellers and buyers alike which can affect the value of a property.

Japanese Knotweed was introduced to this country by the Victorians as an ornamental plant but they were unaware that it grows prolifically and it is not impeded by the presence of concrete, walls or floorboards. 

It has now become a nuisance and sellers are obligated to disclose its presence, providing they know what it looks like, and this can be tricky. Buyers are encouraged to be proactive and ask their Surveyor to inspect the property to ensure that it is not affected by Japanese Knotweed or other invasive plants such as giant hogweed or Himalayan balsam.

Some lenders have historically refused to lend against property blighted by Japanese Knotweed but this is no longer the case. Where a lender is willing to lend, however, it will require sight of a management plan to deal with the control and eradication of the plant. The lender may also require a retention to tackle and treat the problem.

Japanese Knotweed is classed as a controlled waste under the Environmental Protection Act 1990 and must therefore be disposed of accordingly. This classification means that it must only be disposed of in special landfill sites.

Property sale prices could be affected by presence of invasive plants

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Expert Commentary

“It is very difficult to eradicate and can lie dormant for years. Depending on the extent of the ‘infestation’, treatment varies from spraying and injecting of the plant to digging down three meters to ensure that all roots have been removed, removing topsoil and then placing a protective membrane over the top and covering with fresh soil or rubble. Treatment has to be timed in accordance with the plant’s growth and flowering cycle. It is advisable to use a specialist firm to deal with this.”

“Furthermore, failure to deal with the presence or growth of Japanese Knotweed so that it impacts on neighbours or communities could leave you at risk of receiving a Community Protection Notice under the Anti-Social Behaviour, Crime & Policing Act 2014. Ultimately this could result in a hefty fine or an Anti-Social Behaviour Order being a criminal offence.”

“In addition, if the Japanese Knotweed spreads onto neighbouring land you could be subject to a claim for nuisance.”

If you would like more information or have any questions please contact Melanie Carroll on melaniecarroll@mplaw.co.uk or telephone directly on 01708 784064.

This is not legal advice; it is intended to provide information of general interest about current legal issues.

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